Conviction

wembleycaptain

When using compare the market it asked whether i had EVER had any not motoring convictions. I do have convictions but they are spent and so never normally have to disclose them. Do I have to in this case? It doesn't ask any more details of them but by indicating I have one it increases my premium quotes by over a third!

vaio

As long as they are spent then they don't need to be disclosed.

Further, any company that increases premiums as a result of being told about spent convictions is in breech of the law although I'm not sure who the enforcement body would be (FOS? FSA?)

AnythingButChardonnay

Covered by Rehabilitation of Offenders Act. http://www.legislation.gov.uk/ukpga/1974/53/section/4


(2) Subject to the provisions of any order made under subsection (4) below, where a question seeking information with respect to a person’s previous convictions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority—

(a)the question shall be treated as not relating to spent convictions or to any circumstances ancillary to spent convictions, and the answer thereto may be framed accordingly; and

(b)the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent conviction or any circumstances ancillary to a spent conviction in his answer to the question.

Aretnap

Financial Ombudsman on spent convictions

By way of analogy, there seems no reason why a rehabilitated drink-driver, if he had evidence, would not have an equally strong case if he was refused insurance or was given less favourable terms and conditions than other policyholders, simply because of his spent conviction. If firms insist on asking questions about spent convictions, then they must effectively ignore the answers they receive. Otherwise, we are likely to consider they have breached their statutory duty.

Similarly, if a firm cancels the policy of a customer who has a spent conviction (but whose licence is still endorsed), simply because the customer did not disclose the endorsement, then we will uphold the customer’s complaint.

The article deals specifically with motoring convictions, but the law is exactly the same whether or not a conviction is a motoring one.

NB There are exceptions to the Rehabilitation of Offenders Act when you're applying for certain jobs which require a high degree of trust, such as the police, accountancy or jobs which involve working with children. However there is no exception for insurance companies.